Andrew Breitbart's "Big" websites -- Big Hollywood, Big Government, and Big Journalism -- as well as his breitbart.tv website, have in recent months laid claim to many "exclusives," touting controversial and sensationalist storylines that have been picked up by other conservative media outlets, from Fox News on down. However, a closer examination reveals that many of Breitbart's "scoops" have been based on speculation, gross distortions, and outright falsehoods.

"Nationwide ACORN child prostitution investigation"

Breitbart coordinated release of conservative activists' undercover ACORN videos. On September 10, 2009, conservative activist and videographer James O'Keefe posted an entry[1] to BigGovernment.com in which he revealed that he and fellow activist Hannah Giles had posed as a pimp and prostitute at a Baltimore ACORN Housing office and secretly filmed their meetings with ACORN staffers. As O'Keefe wrote, their intention was to take "advantage of ACORN's regard for thug criminality by posing the most ridiculous criminal scenario we could think of and seeing if they would comply -- which they did without hesitation," the "scenario" being the "trafficking of young helpless girls and tax evasion." O'Keefe would later release similar recordings[2] of their interactions with ACORN and ACORN Housing employees at several other ACORN offices nationwide.

Breitbart authored a separate September 10 BigGovernment.com post[3] "introducing" O'Keefe and making it clear that he and BigGovernment.com would play a central role in the distribution of O'Keefe and Giles' videos. But as Breitbart, O'Keefe, and Giles released and promoted the "heavily edited[4]" videos, their allegations about ACORN and its employees were undermined by numerous falsehoods and distortions.

Assessment "did not find a pattern of intentional, illegal conduct by ACORN staff." In his December 7, 2009, "Independent Governance Assessment of ACORN," former Massachusetts Attorney General Scott Harshbarger (D), who was hired by ACORN to conduct an inquiry in part into the videos, wrote[5], "While some of the advice and counsel given by ACORN employees and volunteers was clearly inappropriate and unprofessional, we did not find a pattern of intentional, illegal conduct by ACORN staff; in fact, there is no evidence that action, illegal or otherwise, was taken by any ACORN employee on behalf of the videographers."

A December 22, 2009, report[6] by the Congressional Research Service prepared for the House Judiciary Committee on "several issues" relating to ACORN and its affiliates stated that "[a] search of reports of federal agency inspectors general did not identify instances in which ACORN violated the terms of federal funding in the last five years." Addressing "the recent videotaping of ACORN workers and the distribution of conversations with ACORN workers without consent," the report stated that "the laws of Maryland and California appear to ban private recording of face to face conversations, absent the consent of all the participants."

Breitbart said his strategy for promoting ACORN videos was to "deprive" people of "information."The Washington Independentreported[7] on September 24:

Within hours, Breitbart was doing interviews with reporters who wanted to know how, exactly, the story had come about, and why Big Government was releasing the videos and the identity of the muckrackers - 25-year-old James O'Keefe III and 20-year-old Hannah Giles - so slowly.

"It was strategized," Breitbart told TWI this week, so "that they would be deprived of the type of information that a defense attorney would try to gather in order to create a defense."

Who were "these people?" They were not just the leaders or members of ACORN itself. "They" were the Democratic Party, the White House, the progressive Center for American Progress and its president John Podesta. The "Democrat-media complex" is Breitbart's name for the whole apparatus. "We deprived them of information," Breitbart explained, "so that they couldn't come up with a vile, kill-the-messenger attack with the media doing the groundwork for them."

Although Mr. Felix D. Harris of Los Angeles ACORN told us he didn't care about our prostitution business in regards to a housing loan, he drew the line when we spoke about the underage girls. Although he did not kick us out, he was the only employee in our nationwide ACORN child prostitution investigation who would not assist us.

The videos, however, don't support the allegation that many ACORN offices were willing to aid child prostitution. Giles and O'Keefe released heavily edited videos of their encounters at eight ACORN or ACORN Housing offices. In at least six of those instances[9], either the activists did not clearly tell the ACORN employees that they were planning to engage in child prostitution; or the ACORN employees refused to help them or apparently deliberately misled them; or ACORN employees contacted the police following their visit.

Giles falsely claimed no ACORN employee refused to assist them. From the September 16, 2009, edition[10] of Fox News' Hannity:

HANNITY: [W]hen you go to Baltimore and D.C. and New York and San Bernardino and San Diego, and this all happened, were there any cities you went to where you just didn't get any videotape, not worthy to air?

GILES: We are airing it. It's pretty worthy. Everyone seems.

HANNITY: In other words, you didn't go into one office and they said we're not going to help you do anything like that?

GILES: No.

HANNITY: Not one. Every place you went they helped you or were willing to help you either not report you for an underage prostitution ring, evade taxes as we have.

BREITBART: Right. The -- it is interesting. There's no place, as ACORN tried to state, that kicked them out based upon the premise that they were doing something nefarious.

From the September 13, 2009, edition[10] of Fox News' America's News HQ:

GILES: [A]bout the whole kicking out, I mean, the women in Baltimore hugged me and -- when I left. And the women in D.C. -- I did follow-up phone calls, and they asked if I could come and meet them for coffee so we could further discuss how to make this possible.

ERIC SHAWN (Fox News correspondent): So these first two tapes, they didn't kick you out, but you are saying that there were some that did refuse? James or Hannah?

GILES: Not -- no

O'KEEFE: Say that again.

SHAWN: Were there some that refused their your offers, that actually did not -- were not willing to cooperate?

O'KEEFE: No -- in none of the facil -- [laughs] none of the facilities kicked us out. That's a lie.

But a video released months later showed an ACORN employee who refused to assist Giles and O'Keefe. After withholding the video[8] for more than two months -- despite reportedly[11] vowing to "release all the tapes soon to show if any ACORN offices did the right thing," in the words of Fox News' Chris Wallace -- O'Keefe finally acknowledged[12] that a Los Angeles ACORN employee "would not assist us obtain a house for our illegal activities" -- an admission that directly contradicts Giles' false claims that no ACORN employees refused to help them.

O'Keefe falsely claimed Harris "was the only employee ... who would not assist us." From O'Keefe's November 16, 2009, BigGovernment.com post[8]:

Although Mr. Felix D. Harris of Los Angeles ACORN told us he didn't care about our prostitution business in regards to a housing loan, he drew the line when we spoke about the underage girls. Although he did not kick us out, he was the only employee in our nationwide ACORN child prostitution investigation who would not assist us.

Contrary to O'Keefe's assertion[12] that the Los Angeles ACORN worker "was the only ACORN employee in our nationwide investigation who would not assist us obtain a house for our illegal activities," ACORN employees in Philadelphia[4] and the San Diego[13] area contacted the police following their encounters with O'Keefe and Giles, an action that indicates that they had no intention of helping O'Keefe and Giles conduct any illegal activities. At two other ACORN offices -- in New York and Washington, D.C., -- Giles and O'Keefe did not make clear[9] that they were planning to engage in child prostitution.

Additionally, in the video[14] of Giles and O'Keefe's visit to the San Bernardino ACORN office, an ACORN employee gives them advice[15] on how to run a brothel and falsely[16] informs them that she murdered her ex-husband. In a statement[17] subsequently released by ACORN, the employee stated of the conservative activists who filmed her: "They were not believable. ... They were clearly playing with me. I decided to shock them as much as they were shocking me." Indeed, even Fox News' Sean Hannity later acknowledged[18] that O'Keefe and Giles were the "least convincing pimp" and "prostitute" in "the entire world."

Breitbart threatened to release more tapes during election unless DOJ investigates ACORN. During the November 19, 2009, edition[19] of Fox News' Hannity, Breitbart offered a "message" for Attorney General Eric Holder:

BREITBART: I want you to know that we have more tapes, it's not just ACORN, and we're going to hold out until the next election cycle. Or else, if you want to do a clean investigation, we will give you the rest of what we have, we will comply with you, we will give you the documentation we have from countless ACORN whistleblowers who want to come forward but are fearful of this organization and the retribution, that they fear that this is a dangerous organization. So if you get into an investigation, we will give you the tapes. If you don't give us the tapes, we will revisit these tapes come election time.

Following up on his comments with a November 21, 2009, blog post[20] on BigGovernment.com, Breitbart stated, "There will be consequences if there isn't an investigation into ACORN. The videos will be shown and at a particular moment."

O'Keefe later arrested in alleged plot to tamper with senator's phones. On January 26, the New Orleans Times-Picayune reported[21] that O'Keefe and three other men had been arrested by the FBI the previous day for their roles in an alleged attempt to tamper with the phone systems at Sen. Mary Landrieu's (D-LA) New Orleans office. According to the FBI affidavit[22], O'Keefe and his alleged accomplices admitted to federal agents that they were involved with "the planning, coordination, and preparation of the operation," and O'Keefe admitted to recording his alleged accomplices on a cell phone camera inside Landrieu's office.

Platform for anti-gay Jennings smears

Blogger Hoft's smear campaign against Jennings. Writing for the website Gateway Pundit, Jim Hoft has authored a series of factually dubious attacks on Department of Education staffer Kevin Jennings and the organization Jennings founded and previously led, the Gay, Lesbian, and Straight Education Network (GLSEN). Hoft's Jennings posts -- which he has labeled "Fistgate," even though many of those allegations have little or nothing to do with the sexual practice of fisting -- often draw upon[23] the work of MassResistance, a Massachusetts based anti-gay organization that has been labeled a "hate group" by the Southern Poverty Law Center. Even conservative commentator Dean Barnett has stated[24] that the organization "verges on being a hate group."

Breitbart eagerly embraced and promoted Hoft's false attacks on Jennings. Hoft's "Fistgate" attacks on Jennings and the GLSEN have been faithfully cross-posted[25] on BigGovernment.com, and Breitbart himself has used Twitter to promote[26] Hoft's work. Among the smears and distortions Breitbart has embraced:

Hoft deceptively linked Jennings to "fisting" workshop he criticized. Hoft claimed[27] that a 2000 conference sponsored by the Boston branch of GLSEN included "a workshop where GLSEN activists promoted 'fisting' to 14 year olds," citing[28] a recorded exchange that occurred during a "Queer Sex and Sexuality" workshop at that conference. In fact, Jennings reportedly criticized[27] some of the workshop's content when the recordings were first released in 2000, and the people involved in conducting the controversial discussion were state employees and contractors, not GLSEN employees.

Hoft falsely claimed high-school students received "fisting kits" at 2001 GLSEN conference. Hoft falsely claimed[29] that "fisting kits" -- which he placed in quotes -- were distributed at the 2001 GLSEN/Boston conference. But Hoft has presented no evidence that the kits distributed by Planned Parenthood of Massachusetts were actually intended for fisting. Indeed, while the conservative newspaper Massachusetts News -- cited by Hoft -- reported[30] in 2001 that the kits were "intended for 'fisting' or oral sex," the paper described the kit's contents as "a single plastic glove, a package of K-Y lubricant and instructions on how to make a 'dental dam' out of the material" and offered no support for the claim that the kits were "intended for 'fisting.' " Even FoxNews.com has reported[31] that Hoft "alleged that Jennings and GLSEN were involved in Planned Parenthood's purported distribution of 'fisting kits,' " but that the kit "was actually for making a 'dental dam' -- designed to prevent STD transmission during oral sex."

Hoft falsely suggested Jennings' organization handed out explicit safe-sex booklet to children. Hoft falsely suggested[32] that that GLSEN had distributed to children an explicit safe-sex booklet that included[33] "a list of the local gay bars" and[34] "Pushed Anal S*x in Parks With Strangers." In fact, a community health group -- not GLSEN itself -- reportedly said that it had mistakenly "left about 10 copies" of the booklet on an informational table it rented at a 2005 GLSEN conference at Brookline High School in Massachusetts; the group reportedly apologized for doing so; GLSEN stated that if it had known the booklets had been at the conference, it would have demanded they be removed; and the Brookline school superintendent reportedly said he believed no students had actually taken the booklet.

Hoft falsely claimed Jennings "Pushed Books That Encouraged Children to Meet Adults at Gay Bars For Sex." Hoft falsely claimed[35] that Jennings "Personally Pushed Books That Encouraged Children to Meet Adults at Gay Bars For Sex," citing MassResistance's falsehood that a book Jennings recommended to high school and college students, One Teenager in 10, "encourage[s] teens to, among other things, go to gay bars and have sex with adults to see if they like it." Media Matters for America has reviewed the book, compiled all references to gay bars, and determined that the book at no point encourages teens to "go to gay bars and have sex with adults." In fact, a majority of the youth testimonials included in the book that mention gay bars refer to them negatively.

Breitbart.tv also smeared Jennings. An October 6, 2009, Breitbart.tv post[36]grossly distorted[37] comments Jennings made to a GLSEN audience in 2000 to claim he "criticize[d] schools for promoting heterosexuality." In fact, in the audio files posted at Breitbart.tv, Jennings promoted a curriculum that demands "respect [for] every human being regardless of sexual orientation, regardless of gender identity, regardless of race or religion or any of the arbitrary distinctions we make among people," and said that efforts to promote a specific sexual orientation through schools were ineffective.

Wild accusations over Gladney case

Breitbart baselessly implicates White House in alleged Gladney assault. On August 6, 2009, a fight broke out at a health care town hall meeting with Rep. Russ Carnahan (D-MO), during which Tea Party activist Kenneth Gladney was allegedly assaulted and injured. Gladney quickly became a cause célèbre among conservatives, with Breitbart leading the way and accusing the White House of directing SEIU representatives to attack Gladney.

Claims WH "directed" town hall violence based on egregious distortions. Breitbart grossly distorted[38] a reported quote from White House deputy chief of staff Jim Messina to blame the White House for Gladney's alleged assault, claiming that "union thugs were directed by the White House to go to" health care town hall meetings "and 'punch back twice as hard.' " In fact, Messina reportedly told Senate Democrats -- not union groups -- that the administration will "punch back twice as hard" when senators are attacked over their support for health care reform. There is no indication it was anything other than a metaphorical explanation of how the White House plans to respond to political attacks against Senate Democrats.

Last week, a black gentleman named Kenneth Gladney went to a town-hall meeting hosted by Rep. Russ Carnahan, Missouri Democrat. While passing out "Don't Tread on Me" flags, he was viciously attacked by Service Employees International Union (SEIU) members. One called him a "nigger."

These union thugs were directed by the White House to go to the protests and "punch back twice as hard." And they did.

In a November 30, 2009, BigGovernment.com post[40] titled "Anatomy of a Beat-Down Part 1: Why Kenneth Gladney Was Beaten, And by Whom," Larry O'Connor similarly referenced Messina's quote and linked it to Gladney's alleged assault:

Finally on August 6th, hours before the Carnahan town hall meeting where Kenneth Gladney was assaulted by members of the SEIU, David Axelrod and Jim Messina gave a pep talk to Senators on Capitol Hill prior to their leaving for the August recess. According to Politico[41]:

They showed video clips of the confrontational town halls that have dominated the media coverage, and told senators to do more prep work than usual for their public meetings by making sure their own supporters turn out, senators and aides said. And they screened TV ads and reviewed the various campaigns by critics of the Democratic plan.

"If you get hit, we will punch back twice as hard," Messina said, according to an official who attended the meeting.

Two days after the instructions on how to manage and control protestors at town hall meetings were released by Margarida Jorge at HCAN, one day after the Speaker of the House likened protestors to Nazis and mere hours after President Obama's top political advisors assured Congressional Democrats that "If you get hit, we will punch them back twice as hard", Kenneth Gladney lay beaten and bloody on the ground outside Rep. Russ Carnahan's Town Hall meeting.

Breitbart's websites baselessly attack Missouri law enforcement. After six people were charged[42] with misdemeanor ordinance violations on November 25, 2009, in connection with the alleged assault of Gladney, Breitbart's websites accused St. Louis prosecuting attorney Robert McCulloch of displaying "partisan bias" in supposedly delaying the charges and not making them harsher, and suggested that the Obama administration may have played a role in the delay. Their "evidence" for the accusation was that McCulloch, in 2008, "worked on behalf of the Obama for America campaign ... by aggressively promoting a pre-emptive strike against negative campaigning against Barack Obama" and that the head of the Obama for America campaign in Missouri, Buffy Wicks, now works in the White House Office of Public Engagement. In a December 2, 2009, BigGovernment.com post[43], O'Connor wrote:

Meanwhile, [county counselor Patricia] Redington let this case languish for months before finally bringing modest charges against the suspects on the afternoon before Thanksgiving (an obvious attempt to let the story disappear). One week before the charges were brought, Big Government reported[44]:

Redington hasn't spoken to Kenneth Gladney

Redington hasn't called any of the witnesses on the police report.

Redington hasn't contacted any of the Tea Party members that are seen on video

Redington hasn't contacted any of the people who shot video that night and whose YouTube urls are listed on the evidence page

But, make no mistake; this is happening on McCulloch's watch. He has the authority to handle this case and to ensure that proper charges are filed, but he has chosen not to. It begs the question: If he jumped through the "Truth Squad" hoops when Buffy Wicks asked him to during the campaign, is it possible he has turned his back on this case for similar reasons?

Missouri law enforcement denies delaying charges. The St. Louis Post-Dispatch reported on November 25, 2009:

The charges were filed Tuesday by the St. Louis County counselor's office. All six are to appear in court Jan. 21. The maximum penalty would be one year in jail and a $1,000 fine.

Some bloggers and others watching the case have raised questions for months about the lag between the arrests at the politically charged event and the filing of charges.

County Counselor Patricia Redington insisted it had nothing to do with politics or anyone's influence.

[...]

Ordinance violation charges are usually filed within four to six weeks of an incident, Reddington said, but this case involved interviews with dozens of witnesses and review of many videos posted on the Internet. [from the Nexis database]

Breitbart's websites make baseless claim that NEA engaged in lawbreaking

BigHollywood.com claims NEA "looking to the art community to create an environment amenable to the administration's positions." In an August 25, 2009, BigHollywood.com entry[47], Patrick Courrielche wrote that he was "invited by the National Endowment for the Arts (NEA) to take part in a conference call that invited a group of rising artist and art community luminaries 'to help lay a new foundation for growth, focusing on core areas of the recovery agenda -- health care, energy and environment, safety and security, education, community renewal.' " According to Courrielche, the conference call, in which NEA and White House staffers took part, was "a gross overreach of the National Endowment for the Arts and its mission."

Posters on Breitbart's websites baselessly claim NEA broke laws. In a September 2009 blog post[48] that appeared on Breitbart's Big Hollywood and Big Government sites, Ben Shapiro asserted that the conference call "is in blatant violation of the Anti-Lobbying Act"; in a post[49] the next day, he added that the call also "violates the Hatch Act."

No evidence that activities broke Anti-Lobbying Act. The Justice Department -- whose opinions about the Anti-Lobbying Act carry special force[51], according to the legislation itself -- has stated that a violation of the Anti-Lobbying Act requires[52] that the alleged perpetrator urge members of the public to pressure members of Congress "to support Administration or Department legislative or appropriations proposals." The Justice Department has also stated that Anti-Lobbying Act violations are limited[53] to lobbying campaigns of more than $50,000. Carlson and Shapiro pointed to Sargent calling on people to support the president but neither they, nor the "Full NEA Conference Call Transcript and Audio" posted[54] on BigHollywood.com, show Sargent or any other government official encouraging participants to contact members of Congress.

CREW: No evidence of Hatch Act violations. According to a blog post by ABC News correspondent Jake Tapper, Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington (CREW) said: "Government agencies are not supposed to be engaged in political activities. ... Here, because they didn't veer off into 'This is about the election,' where you'd get into violations of the Hatch Act, it's not illegal. But it doesn't look good -- it looks terrible. It's inappropriate." [ABCNews.com, 9/22/09[55]]

Fox and Breitbart kept trying to push NEA storyline through the end of the year. In December 2009, FoxNews.com posted[56] "Nine Big Stories the Mainstream Media Missed in 2009." Story five was "politicizing the NEA." On December 31, 2009, Big Hollywood trumpeted[57] the FoxNews.com article with the headline "Fox News: Politicizing NEA Among Top Stories MSM Missed in '09."

Bertha Lewis' nonexistent White House visit

BigGovernment.com claims ACORN CEO Bertha Lewis visited White House. A December 30, 2009, BigGovernment.com "exclusive" noted[58] that according to recently released White House visitor logs, a "Bertha E. Lewis" had visited the White House on September 5, and alleged that "Bertha E. Lewis" was, in fact, ACORN CEO Bertha Lewis. The story further noted: "Ms. Lewis doesn't seem to have returned to the White House after this visit. Of course, just 5 days after this visit, James O'Keefe would release the first video of his undercover journalism on the systemic corruption within ACORN."

Politico: White House says it was a different Bertha Lewis. On December 31, 2009, Politico senior political writer Ben Smith reported[59] that an anonymous White House staffer had denied that the "Bertha E. Lewis" who visited the White House was the ACORN CEO and that ACORN officials had pointed out that their CEO's middle initial, as it appears on her New York voter registration, is "M," not "E."

Breitbart issues semi-correction. In a January 4 BigGovernment.com entry[60], Breitbart wrote that he had contacted Smith "to tell him that Big Government would offer a correction if the 'administration official' who offered the information went on record and told us who the 'other' Bertha Lewis is and got the unnamed administration source to come out from behind the veil of anonymity and use his/her name." Smith responded to Breitbart's challenge by updating his blog post to report that White House deputy press secretary Jen Psaki "confirmed ... that, indeed, it was a different Bertha Lewis." Breitbart subsequently updated the original BigGovernment.com story, writing: "Since we have no information on how to hunt down the 'other' Bertha Lewis -- Ms. Psaki wouldn't reveal who she is, citing 'privacy concerns' -- Big Government will err on the side of prudence and grant the White House its side of the story."

Breitbart countermands his own correction. Despite having "grant[ed] the White House its side of the story," Breitbart continued to suggest that it was, in fact, ACORN CEO Bertha Lewis who visited the White House on September 5. After posting the correction, Breitbart issued[61] to Media Matters a $1,000 challenge to produce proof that "Bertha E. Lewis" was not Bertha Lewis of ACORN. This despite the fact that ACORN CEO Bertha Lewis' middle initial, as noted above, is "M" and not "E." In the introductory post[62] to his new website, BigJournalism.com, Breitbart credited himself for posting a correction to the Bertha Lewis story, but at the same time explained, "I don't really believe it wasn't her."

The Maoist Christmas tree ornaments

BigGovernment.com: "Transvestites, Mao And Obama Ornaments Decorate White House Christmas Tree." A December 22, 2009, BigGovernment.com "exclusive" featured[63] photographs of three ornaments adorning the Christmas tree in the White House Blue Room that depicted Obama's face superimposed on Mount Rushmore, Mao Zedong, and Hedda Lettuce. BigGovernment.com suggested the White House was "making some political statements" with the ornaments and attacked it for "pegg[ing] controversial designer Simon Doonan to oversee the Christmas decorations for the White House."

Accusations undermined by facts, common sense. On the December 22 edition of Fox News' Special Report -- one of many conservative media outlets[64] to run with BigGovernment.com's dubious "exclusive" -- host Bret Baier reported that the first lady's office "says local community groups were asked to decorate hundreds of ornaments but that they are unaware of these specific decorations."

Moreover, as the Los Angeles Times' Culture Monster blog explained[65], the image of Mao adorning one ornament was actually "one of a very large series of silkscreen paintings and prints [Andy Warhol] made of Mao. Warhol's parody transformed the leader of the world's most populous nation into a vapid superstar -- the most famous of the famous."

In a December 22 entry on the conservative blog Hot Air, blogger Allahpundit dismissed[66] as nonsensical the idea that the White House would use three Christmas tree ornaments out of hundreds to make a "political statement," writing: "Laying aside the fact that spotting a right-wing dictator on ornaments in the Bush White House would have had Media Matters stumbling towards its fainting couch, isn't the most likely explanation here that they really didn't know what was on the ornaments? Why court PR trouble with a deliberate provocation via something this trivial?"

The ACORN "document dump"

Breitbart announces Dumpster-diving "evidentiary phase" of ACORN "scandal." In a November 23, 2009, BigGovernment.com entry[67], Breitbart announced the existence of "20,000 deeply sensitive and highly political documents discovered in the dumpster behind ACORN in San Diego on October 9, nine days after ACORN was announced to be under state investigation." Breitbart added: "Some might call that 'obstruction of justice.' "

That same day, Derrick Roach, a San Diego-area private investigator, posted an entry[68] on BigGovernment.com announcing that it was he who had retrieved the documents, which he said "were irresponsibly and brazenly dumped in a public dumpster, without considering laws and regulations as to how sensitive information should be treated." Roach also posted a YouTube video shot on "the evening of the document dump" that, in his words, "shows ACORN operatives clearly engaged in some kind of discussion -- likely related to the activities of that evening."

"Deeply sensitive" documents mainly trash. Despite claims of "obstruction of justice," neither Breitbart nor Roach offered any evidence that the documents they took from the trash bin behind ACORN's San Diego office had anything to with California Attorney General Jerry Brown's reported investigation into ACORN. Indeed, the limited selection of documents they posted online included a food stamp application, a canvassing form, and redacted documents presumably containing an employee's tax and personal information.

NBC Los Angeles reported[69] on November 23, 2009, that Amy Schur of ACORN's California office stated of the discarded documents: "In early October, when our San Diego staff were doing an office clean-up in preparation for a major 10-station phone bank program being set up in our offices, it appears that included in the piles of garbage being thrown out may have been some documents containing private information." Schur further stated: "Our files were not part of the scope of the visit by the Attorney General's office, and the majority of what was thrown out was junk -- old leaflets, newsletters, etc... It looks like our staff were careless and some documents with personal information were included in the piles of garbage."

False claims of community organizers "praying" to Obama

Breitbart announces "shocking" video of community organizers "praying" to Obama. On September 29, 2009, Breitbart.tv embedded[70] a YouTube video under the headline: "Shock Discovery: Community Organizers Pray TO President-Elect Obama." The video included captions reading "Deliver Us Obama" and "Hear Our Cry Obama," suggesting that the crowd of people -- members of the faith-based group The Gamaliel Foundation -- featured in the clip was "pray[ing] to" Obama.

Breitbart walks back "praying" allegation. Breitbart.tv later embedded[71] a different version of the video -- this one without captions -- under the headline: "Newly Discovered: Community Organizers Appear to 'Pray' to President-Elect Obama." Attached to this version was an "Editor's note" explaining: "We've updated this post with the longer version of the original event. As you'll see in the comments and related links there is a debate over what is actually being said. Does the crowd say, 'Hear our cry, Obama' and 'Deliver us Obama?' Or are they saying 'Oh God?' In the longer version the first two repetitions seem to have a distinct 'uh' sound at the end that resonates as 'Obama.' The later repetitions are a little fuzzier."

Gamaliel Foundation responds: "At no time, however, have we prayed to President Barack Obama." After the video was posted on Beck's blog[72], the Gamaliel Foundation issued a response, in which they stated:

As a faith-based organization, it is customary for Gamaliel Foundation affiliates to begin and end every action with prayer. At no time, however, have we prayed to President Barack Obama. In the form of call and response, those who took part in the UnitedHealthcare action can be heard saying, "Hear our cry oh God," "Deliver us oh God," etc.

It is obvious that those who took the time to distort our sincere action for healthcare reform, by posting their own edited version on the Internet, are against what we believe is a fundamental right. It is also obvious that those who are against healthcare reform will stoop to any level to stop what Dr. Martin Luther King called, one of the greatest forms of inequality.